Terms

The Contract is a public offer (offer) of the seller to conclude a contract of sale of goods presented on the website https://www.nadyadzyak.com/ under the conditions specified below.

Website, Online Store – the Seller’s website accessible via the link: https://www.nadyadzyak.com/, where Goods are presented, as well as the conditions of payment and delivery of Goods to the Buyer.

Seller – Individual Entrepreneur Nadiia Volodymyrivna Dziak or third parties involved.

Buyer – an individual, a user of the Website, who places an Order for Goods for personal use.

Goods – clothing items, bags, accessories offered for sale on the Seller’s Website.

Order – properly executed request of the Buyer for the purchase and delivery of Goods.

 

1. General Provisions

1.1. This contract, in accordance with Article 1 of the Law of Ukraine “On Electronic Commerce” and Articles 633, 634 of the Civil Code of Ukraine, is a public offer of the Seller to conclude a contract of sale of Goods presented in the Online Store. The Offer establishes rules and procedures for the sale of Goods through the Online Store, as well as regulates the relationship between the Seller and the Buyer arising from the purchase of Goods through the Online Store.

1.2. Other Legal entities or individual entrepreneurs who place information on Goods they sell on the Website may also act as Sellers.

1.3. By entering into the Contract, the Buyer fully accepts the terms and conditions of placing an Order, payment for the Goods, delivery of the Goods, return of the Goods, and all other conditions of the Contract. This contract is binding on both parties.

1.4. If the Buyer disagrees with the rules and conditions of the Contract, they are obliged to cease using the Website.

1.5. Information about the Goods displayed on the Website is dynamic. This means that the information may be updated, changed, and supplemented by the Seller at any time without prior notice to the Buyer. Any information about the Goods, terms of promotions, prices of the Goods, and any other rules of service provision are displayed on the Website.

1.6. The Seller reserves the right to unilaterally amend the terms of the Contract at any time. Changes come into effect from the moment the new version of the Contract is posted on the Website.

 

2. Acceptance of the Offer

2.1. The Contract is considered concluded (accepted) from the moment the Buyer confirms the Order on the Website.

2.2. If after placing the Order, the Buyer receives an email to the specified email address with information about the Order, the Buyer must carefully review all information and inform the Seller of any errors.

 

3. Ordering Procedure

3.1. The Buyer independently places an Order on the Website through the “CART” section and the “CHECKOUT” form.

3.2. When placing an Order on the Website of the Online Store, the Buyer undertakes to provide the following mandatory information necessary for the Seller to fulfill the Order:

3.2.1. Buyer’s last name, first name;

3.2.2. Delivery address of the Goods;

3.2.3. Contact phone number;

3.2.4. Email.

3.3. When placing an Order, the Buyer independently verifies the correctness of the selected Goods and personal information.

3.4. By clicking “CONFIRM ORDER”, the Buyer confirms that they have received information about the Seller’s (performer’s) name, location, procedure for submitting claims;

  • the main characteristics of the product;
  • the price, including delivery charges, and payment terms;
  • warranty obligations and other services related to maintenance or repair of the product;
  • the period for acceptance of proposals;
  • the procedure for terminating the contract;
  • other conditions of delivery or performance of the contract.

3.5. After placing an order, the Buyer receives an order confirmation, which the Seller sends to the Buyer’s phone number provided during registration or order placement and by email.

3.6. The name, quantity, and price of the selected Goods are indicated in the Buyer’s cart on the Website.

3.7. The Buyer agrees that the Goods placed in the “CART”, their quantity, assortment, and price are valid only at the time of forming the “CART” and may change if the Buyer does not immediately place the Order by clicking “CONFIRM ORDER”.

3.8. The Buyer has the right to specify a third party as the recipient of the ordered Goods. In this case, the Buyer is obliged to provide in the Order form the necessary data for the identification of the recipient and delivery of the Goods to them.

3.9. If any party to the Contract requires additional information, such party has the right to request it from the other party. In case the necessary information is not provided by the Buyer, the Seller shall not be liable for providing poor service to the Buyer when purchasing Goods in the Online Store.

3.10. The Seller has the right to refuse the Buyer to place an Order if the information provided by the Buyer during the Order placement is incomplete or raises doubts about its accuracy.

3.11. If the Goods are not available in the Seller’s warehouse, the Seller informs the Buyer by phone call or email. In this case, the Seller may offer another product that meets the intended use of the ordered Goods, has the same or better quality, and its price does not exceed the price of the ordered Goods. If the Buyer refuses the alternative Goods, the Seller has the right to cancel the Order (unilaterally refuse the contract) and undertakes to refund the Buyer the cost of the canceled Order if it has been paid by the Buyer. The funds are returned to the Buyer’s payment card.

3.12. After placing an Order, the Buyer’s data is entered into the Seller’s database.

 

4. Price of the Goods

4.1. Prices for the Goods are determined independently by the Seller and indicated on the Website. All prices for the Goods are quoted in Ukrainian Hryvnias including VAT. For customers outside Ukraine, prices are indicated in US Dollars and Euros.

4.2. Prices for the Goods may be changed by the Seller unilaterally. However, the price of the Goods, the cost of which has been fully paid by the Buyer, cannot be changed by the Seller unilaterally.

4.3. The Seller has the right to provide discounts on the Goods and conduct promotions. Types of discounts and terms of promotions indicated on the Website may be changed by the Seller unilaterally.

4.4. If the price of the Goods was incorrectly indicated by the Seller, the Seller informs the Buyer for confirmation of the Order at the corrected price or cancellation of the Order. If it is impossible to contact the Buyer, the Order is considered canceled, and the paid funds are subject to refund to the Buyer.

4.5. The price of the Goods does not include the cost of delivery, bank commissions, or additional fees imposed by banks or payment systems. The Buyer independently and at their own expense pays such fees. The amount of the commission or additional fee is notified by the respective bank, postal, or payment system.

 

5. Payment for the Goods

5.1. The Buyer can pay for the available Goods on the Website through:

5.1.1. Online payment via the Wayforpay payment service or another service offered by the Seller;

5.1.2. Cash on delivery upon receipt of the Order at the branches of the postal service “Nova Poshta” or other services.

5.2. The Buyer can pay for the Goods online through the Wayforpay payment service offered by the Seller, by bank transfer to the Seller’s account or cash on delivery upon receipt of the Order. The choice of payment method is made when placing an Order for the Goods.

5.3. The Seller does not process transactions on bank cards. In case of errors or refusal to pay, the Buyer should contact the issuing bank of the card or the representative of the payment system used for payment.

5.4. The Buyer bears full responsibility for providing incorrect or false information that prevents the Seller from fulfilling their obligations to the Buyer. Any payment made on behalf of the Buyer using their personal data and payment instruments is considered to have been made by the Buyer themselves.

5.5. The price of the Goods does not include bank commissions or additional fees charged by banks and payment systems. The amount of the commission or additional fee is determined by the respective bank and payment system, and the Buyer independently and at their own expense pays such fees.

5.6. The Buyer’s obligation to pay for the Goods is considered fulfilled from the moment the funds are credited to the Seller’s account.

5.7. In case of temporary unavailability of the Goods in stock or ordering a customized product based on individual measurements and parameters of the Buyer, the Buyer may leave a request on the Website, after which the Seller will contact the Buyer to agree on details regarding production, delivery, and payment of the Goods.

 

6. Custom Order Goods

6.1. Goods created according to the individual measurements and parameters of the Buyer are not subject to return.

6.2. In case of defects discovered during the warranty period, the Buyer has the right to: proportional price reduction; free elimination of defects of the Goods within a reasonable period; reimbursement of expenses for eliminating the defects of the Goods.

6.3. For this purpose, the Buyer needs to leave a request on the Seller’s website or contact the Seller directly by email or available messengers.

 

7. Responsibilities of the Parties

7.1. The parties are responsible for non-performance or improper performance of the Agreement in the manner provided by the Agreement and the current legislation of Ukraine.

7.2. The Seller is not responsible for changes in the external appearance or configuration of the Goods made by the manufacturer.

7.3. The Seller is exempt from liability for breaches of the Conditions caused by force majeure circumstances, including any actions, events, failures to act, or unforeseen situations beyond our reasonable control, including but not limited to such circumstances as: strikes, lockouts or other industrial disputes; civil disturbances, riots, invasions, terrorist attacks or threats of terrorist attacks, war (whether declared or not) or threat of preparation for war; fires, explosions, storms, floods, earthquakes, subsidence, epidemics or other natural disasters; impossibility of using railways, shipping, aircraft, motor transport or other public or private transport; impossibility of using public or private telecommunications networks; acts, decrees, regulations or restrictions of any government, including prohibition of cross-border money transfers, restrictions on import of goods, etc.; air alarms, power outages, etc.

7.4. In case of changes in the terms of the Order, the Seller’s liability is limited to the Buyer’s right to refuse the Order and demand a refund of the amount paid for it, provided that the funds have been paid.

7.5. The Buyer is responsible for the accuracy of the data specified in the Order form. If incorrect, inaccurate and/or incorrect data in the Order form leads to additional expenses of the Seller associated with the delivery of the Goods to the wrong address or delivery of the Goods to the wrong recipient, all losses and expenses associated with this are borne by the Buyer. The Seller has the right to withhold the amount of such losses or expenses from the amounts paid by the Buyer as payment for the Goods.

7.6. In any case, the Seller’s liability for any Goods purchased by the Buyer through the Website is limited to the price of such Goods.

 

8. Confidentiality and Personal Data Protection

8.1. The Seller collects and processes personal information provided by the Buyer during the Order in accordance with the Law of Ukraine dated June 1, 2010 No. 2297-VI “On Personal Data Protection” and the Agreement.

8.2. Personal data is collected and processed for the purpose of processing Buyer Orders, organizing the delivery of Goods, as well as ensuring consumer guarantees provided by the Law of Ukraine “On Consumer Rights Protection”. In certain cases, the personal data of Buyers may be used to send personalized offers, notifications of promotions, etc., provided that Buyers do not object to receiving such messages.

8.3. By providing their personal data on the Website during registration or Order placement, the Buyer voluntarily consents to the processing, use (including transfer) of their personal data by the Seller, as well as other actions stipulated by the Law of Ukraine “On Personal Data Protection”.

8.4. The Seller undertakes not to disclose the information received from the Buyer. It is not considered a violation for the Seller to transfer information received from the Buyer to counterparties and third parties for the purpose of implementing sales relationships, consumer rights protection, advertising, and marketing research, etc. The Buyer also consents to the transfer (distribution) of their data to transport and courier organizations, any banks and/or financial institutions, and other third parties if such transfer is necessary for the Seller to fulfill its obligations under the Agreement and protect the Seller’s or third parties’ rights, in cases where the Buyer breaches the terms of the Agreement, as well as in cases where the disclosure of such information is required by the current legislation of Ukraine.

8.5. The Buyer is responsible for keeping their personal data up to date.

8.6. The Buyer has the right to know the sources of collection, the location of their personal data, the purpose of its processing, the location or place of residence (stay) of the owner or controller of personal data; to obtain information about the conditions for providing access to personal data, including information about third parties to whom their personal data is transferred; to access their personal data.

8.7. The Buyer also has the right to request information from the Seller about the processing of their data. The Seller provides such a response within 30 (thirty) calendar days. The Buyer has the right to: present a reasoned demand to the owner of personal data with a refusal to process their personal data, present a reasoned demand for changes or destruction of their personal data; to protect their personal data from illegal processing and accidental loss, destruction, damage due to intentional concealment, non-provision or untimely provision, as well as protection from providing information that is inaccurate or defames the honor, dignity, and business reputation of a natural person; to file complaints about the processing of their personal data to the Authorized Person or to the court; to apply legal remedies in case of violation of the legislation on personal data protection; to make reservations regarding the restriction of the right to process their personal data when giving consent; to withdraw consent to the processing of personal data; to know the mechanism of automated processing of personal data; to protect against automated decision-making that has legal consequences for them.

 

9. Information on Cookie Files

9.1. The Buyer consents to the use of cookie technology. Cookie files (so-called “cookies”) are IT data, including text files that are stored on the end device of the Site user and are intended for use on the Site pages. Cookies do not contain personal information and cannot read information from the Buyer’s hard drive. Cookies are used to improve service quality, including quick identification of Visitors (Buyers), saving Visitor (Buyer) settings, and personal preferences.

 

10. Information Messages

10.1. By registering on the Website, the Buyer consents to receive informational messages from the Seller and its partners, acting under a contract with the Seller, by sending informational messages to the Buyer’s email address.

10.2. At any time, the Buyer has the right to refuse to receive such newsletters in the email received.

 

11. Rules for Using Materials Posted on the Site

11.1. The Website of the online store contains materials, trademarks (marks for goods and services), trade names, and other legally protected materials, including, but not limited to, texts, photographs, graphic images.

11.2. All content on the Website is protected by Ukrainian legislation, international agreements.

11.3. The Buyer or any other third parties do not have the right to use materials posted on the Website, including making changes, copying, publishing, transmitting to third parties, etc.

11.4. All rights to the Website as a whole and to the use of the domain name www.nadyadzyak.com/ belong to the Site Owner – the Seller.

 

12. Other Conditions

12.1. The Website may be temporarily or completely unavailable for maintenance or other technical reasons, or for any other technical reasons.

12.2. In case of questions and claims to the Seller, the Buyer can contact the Seller by sending an email to info@nadyadzyak.com or by calling the contact information provided on the Website. All disputes arising between the parties are resolved through negotiations.

12.3. If the disputed issue is not resolved through negotiations, the Buyer and/or Seller have the right to apply to the court for the resolution of the dispute in accordance with the legislation of Ukraine.

12.4. The recognition by the court of the invalidity of any provision of the Agreement does not entail the invalidity of other provisions of the Agreement. If individual provisions or paragraphs of the Agreement are found invalid in court, such provision may be excluded from the Agreement and replaced with a new provision. Moreover, such replacement does not lead to a review of the Agreement or recognition of the entire Agreement as invalid.